Case: Johnson v. Martin

2:00-cv-00075 | U.S. District Court for the Western District of Michigan

Filed Date: March 28, 2000

Clearinghouse coding complete

Case Summary

On March 28, 2000, an incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization, filed a lawsuit in the United States District Court Western District of Michigan under 42 U.S.C. § 1983 and 29 U.S.C. § 2000cc (Religious Land Use and Institutionalized Persons Act (RLUIPA)) against the Michigan Department of Corrections (MDOC). The plaintiff, in pro per, asked the court for declaratory and injunctive relief. Specifically, plaintiff alleged that the …

On March 28, 2000, an incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization, filed a lawsuit in the United States District Court Western District of Michigan under 42 U.S.C. § 1983 and 29 U.S.C. § 2000cc (Religious Land Use and Institutionalized Persons Act (RLUIPA)) against the Michigan Department of Corrections (MDOC). The plaintiff, in pro per, asked the court for declaratory and injunctive relief. Specifically, plaintiff alleged that the MDOC violated his rights under the Due Process Clause, First Amendment, Equal Protection Clause, and under the RLUIPA with the total ban against Melanic literature in Michigan prisons.

The dispute in this case arose when the MDOC classified the Melanic Islamic Palace of the Rising Sun and its incarcerated members (Melanics) as a security threat group. As a result, Melanic members had to renounce their membership or face a higher security classification. If a prisoner is designated a member of a security threat group, the prisoner is prohibited from possessing documents, materials, symbols, colors or pictures of the group.

In January 2000, incarcerated Melanics were given seven business days to dispose of or turn over all materials evidencing Melanic membership. The MDOC also began to reject mailings of Melanic writings to incarcerated individuals. Plaintiffs allege the Melanic writings that they were ordered to relinquish and are prohibited from possessing are essential to the practice of their religion.

On September 21, 2001, the U.S. District Court for the Western District of Michigan (Magistrate Judge Timothy P. Greeley) consolidated two previously filed suits. On April 29, 2002, the District Court (Judge Richard Alan Enslen) granted class certification, limited to injunctive relief. On April 25, 2003, the Court (Judge Enslen) granted class certification, for the purpose of determining liability, to current prisoners of the MDOC who were members of the Melanics on January 7, 2000, and whose religious materials were confiscated after January 7, 2000 or who could not possess Melanic materials after January 7, 2000.

On December 7, 2005, the Court (Judge Enslen) found Plaintiffs were entitled to injunctive relief under the RLUIPA and the Court enjoined Defendant from totally banning Melanic literature from MDOC institutions. On May 15, 2006, the Court (Judge Enslen) granted Plaintiffs requested attorneys' fees in part.

Summary Authors

Lori Arakaki (10/9/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4678316/parties/johnson-v-martin/


Judge(s)

Enslen, Richard Alan (Michigan)

Greeley, Timothy P. (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Olivieri, Linda M. (Michigan)

Thurber, John L. (Michigan)

Wright, Patrick J. (Michigan)

Other Attorney(s)

Active

Judge(s)

Enslen, Richard Alan (Michigan)

Greeley, Timothy P. (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Olivieri, Linda M. (Michigan)

Thurber, John L. (Michigan)

Wright, Patrick J. (Michigan)

Other Attorney(s)

Gross, Charles R. (Michigan)

Hasson, Kevin J. (District of Columbia)

Documents in the Clearinghouse

Document

2:00-cv-00075

Docket [PACER]

Nov. 5, 2012

Nov. 5, 2012

Docket
161

2:00-cv-00075

Opinion

223 F.Supp.2d 820

Sept. 26, 2002

Sept. 26, 2002

Order/Opinion
363

2:00-cv-00075

0:01-00515

Order

Jan. 3, 2005

Jan. 3, 2005

Order/Opinion
377

2:00-cv-00075

0:01-00515

Opinion

2005 WL 3312566

Dec. 7, 2005

Dec. 7, 2005

Order/Opinion
391

2:00-cv-00075

0:01-00515

Opinion

2006 WL 223108

Jan. 30, 2006

Jan. 30, 2006

Order/Opinion
401

2:00-cv-00075

0:01-00515

Opinion (granting in part and denying in part plaintiffs' motions for attorney's fees)

2006 WL 1361771

May 15, 2006

May 15, 2006

Order/Opinion
423

2:00-cv-00075

Order

2007 WL 2917244

Oct. 5, 2007

Oct. 5, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4678316/johnson-v-martin/

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
377

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Dec. 7, 2005

Dec. 7, 2005

RECAP
1

COMPLAINT filed (9 pgs w/5 pgs Joint Appendix and Exhibits); case referred to Magistrate Judge Timothy P. Greeley and assigned to the Administrative Track (cep) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

2

RECEIPT #046533 in the amount of $150.00 submitted by pltf for filing fee (cep) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

391

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 30, 2006

Jan. 30, 2006

RECAP
401

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 15, 2006

May 15, 2006

RECAP

Summons mailed to plaintiff to be completed and returned to clerk's office for signature; extra copies of complaint returned to pltf (erv) (Entered: 04/12/2000)

April 12, 2000

April 12, 2000

3

ATTORNEY APPEARANCE by defts adding attorney(s) Christine M. Campbell (erv) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

423

ORDER denying 413 plaintiffs' motion to enforce judgment and to conduct evidentiary hearing; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 5, 2007

Oct. 5, 2007

RECAP
4

MOTION by defts to extend time to answer w/brief in support and prf of svc (erv) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

5

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to extend time to answer [4−1] to 7/10/00 (cc: all counsel) [EOD Date 5/26/00] (jld) (Entered: 05/26/2000)

May 25, 2000

May 25, 2000

6

MOTION by defts for Rule 12(b) dismissal and for summary judgment w/brief in support, Exhibits A to D−3 and prfsvc (cep) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

7

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re defts' motion for Rule 12(b) dismissal [6−1] and motion summary judgment [6−2]; pltf to file a response by 8/16/00 (cc: all counsel) [EOD Date 7/20/00] (erv) (Entered: 07/20/2000)

July 19, 2000

July 19, 2000

8

EXHIBITS C and C−1 by defts Martin, Kapture, Newland and Moore re defts' motion for summary judgment [6−2] w/prfsvc (cep) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

10

MOTION by pltf to extend time to respond to defts' motion for dismissal or summary judgment w/brief in support, exhibit A and certificate of mailing (erv) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

11

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion to extend time to respond to defts' motion for dismissal or summary judgment [10−1][6−1][6−2] is granted; pltf to file response by 9/16/00 (cc: all counsel) [EOD Date 8/11/00] (cep) (Entered: 08/11/2000)

Aug. 11, 2000

Aug. 11, 2000

12

EXHIBIT F−4 by defts [6−2] and prfsvc (jld) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

13

RESPONSE by pltf to defts' motion for Rule 12(b) dismissal [6−1] and for summary judgment [6−2] w/memorandum of law, Exhibit A and verification of svc (cep) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

14

CHANGE OF ADDRESS by pltf (jld) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

15

OPINION (21 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

March 20, 2001

March 20, 2001

16

ORDER (1 pg) by Chief Judge Richard A. Enslen that defts' motion for Rule 12(b) dismissal [6−1] and for summary judgment [6−2] is GRANTED in part, and DENIED in part; pltf's complaint is DISMISSED w/regard to his due process and state law claims (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

March 20, 2001

March 20, 2001

17

ORDER Setting Telephone Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 5/8/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

18

SUBSTITUTED APPEARANCE OF COUNSEL: terminating atty Christine M. Campbell for Moore, Newland, Kapture and Martin and substituting atty Wright w/prf of svc (cep) (Entered: 03/30/2001)

March 30, 2001

March 30, 2001

19

ANSWER to complaint by defts; w/affirmative defenses, jury demand and prf of svc (erv) (Entered: 04/09/2001)

April 2, 2001

April 2, 2001

20

JOINT STATUS REPORT by pltf and defts w/prf of svc (cep) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

21

MOTION by pltf for appointment of counsel w/brief in support and cert of mailing (cep) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

22

ATTORNEY APPEARANCE by pltf adding atty Daniel E. Manville w/cert of svc (cep) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

23

MOTION by pltf for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics w/brief in support, draft copy of first amended complaint and cert of svc (cep) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

24

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re pltf's motion for leave to file first amended complaint adding defts Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] 7/6/01 (cc: all counsel) [EOD Date 6/8/01] (erv) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

25

ORDER APPOINTING COUNSEL (1 pg) by Magistrate Judge Timothy P. Greeley granting motion for appointment of counsel [21−1] and appoints Daniel Manville to represent the plaintiff (cc: all counsel) [EOD Date 6/13/01] (jld) (Entered: 06/13/2001)

June 12, 2001

June 12, 2001

26

ORDER Setting Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 7/24/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

27

OPPOSITION by defts Martin, Kapture, Newland and Moore to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] w/attachment and prf of svc (cep) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

28

REPLY by pltf to defts' opposition to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] w/attachment (cep) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

29

NOTICE of hearing: ; Telephone Rule 16 Scheduling Conf rescheduled 11:00 a.m. on 7/25/01 (cc: all counsel) (erv) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

30

ORDER (3 pgs) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren Melanics [23−1] is GRANTED (cc: all counsel) [EOD Date 7/25/01] (cep) (Entered: 07/25/2001)

July 25, 2001

July 25, 2001

31

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] is granted; pltf to effectuate service of amended complaint by 8/1/01; defts to file answer to amended complaint by 8/22/01; Telephone Rule 16 Scheduling Conf adjourned to 9:00 a.m. on 9/7/01; Joint Status report due 9/4/01 (cc: all counsel) [EOD Date 7/27/01] (cep) (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

32

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief and for Damages for Named Pltfs Only (20 pgs) [1−1]; adding pltfs Michael Jenkins, Melanic Islam Palace, Vernon B. Pressley, Lacey Fondren, Morris Martin and defts Robert Mulvaney and Dan Bolden w/Cert of Svc (cep) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

33

MOTION by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin for class certification w/brief in support, attachments and cert of svc (cep) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

34

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re motion for class certification [33−1]; defts to file response to pltfs' motion by 8/30/01 (cc: all counsel) [EOD Date 8/2/01] (cep) (Entered: 08/02/2001)

Aug. 2, 2001

Aug. 2, 2001

37

ATTORNEY APPEARANCE by pltf adding atty Michael J. Steinberg and Kary L. Moss w/cert of svc (cep) (Entered: 08/08/2001)

Aug. 3, 2001

Aug. 3, 2001

35

WAIVER OF SERVICE executed upon deft Robert Mulvaney; request for waiver sent on 7/24/01 (cep) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

36

WAIVER OF SERVICE executed upon deft Dan Bolden; request for waiver sent on 7/26/01 (cep) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

38

ANSWER to complaint by defts Martin, Kapture, Newland and Moore; w/affirmative defenses, jury demand and prf of svc (cep) (Entered: 08/27/2001)

Aug. 22, 2001

Aug. 22, 2001

39

BRIEF IN RESPONSE by defts Martin, Kapture, Newland and Moore to motion for class certification [33−1] w/Exhibits 1−3 and prf of svc (cep) (Entered: 09/05/2001)

Aug. 30, 2001

Aug. 30, 2001

40

PROOF OF SERVICE by defts Martin, Kapture, Newland and Moore for Deft Martin's Response to Pltf's First Request for Documents to Deft Martin, Deft Bolden's Response to Pltf's First Request for Documents to Deft Bolden and Deft Martin's Response to Pltf's First Set of Interrogatories for Deft Martin upon atty of record on 8/3/01 by US Mail (cep) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

41

NOTICE of hearing: Telephone Rule 16 Scheduling Conf set for 9:00 a.m. on 9/11/01 (cc: all counsel) (cep) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

42

THIRD JOINT STATUS REPORT by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Morris Martin and defts Bill Martin, Kapture, Newland and Moore (Patrick Wright signed for Daniel Manville "w/permission") (cep) (Entered: 09/05/2001)

Sept. 5, 2001

Sept. 5, 2001

43

REPLY BRIEF by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin to defts' response to pltf's motion for class certification [33−1] w/Exhibits 1 and 2 and cert of svc (cep) (Entered: 09/13/2001)

Sept. 12, 2001

Sept. 12, 2001

45

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltfs shall have until 10/31/01 to file a response to defts' motion for summary judgment filed in the case of Jenkins, et al. v. Martin, et al., Case No. 1:01−cv−515 (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

46

CASE MANAGEMENT ORDER (8 pgs) by Magistrate Judge Timothy P. Greeley joinder/amendment by 10/11/01; pltf's witnesses by 11/16/01; dft's witnesses by 12/14/01; interrogatories limited to 40 single part questions; depositions limited to 15 fact witnesses per party; time limits for depositions don't apply; jury trial set for 9:00 a.m. during 3/03 trial session in Kalamazoo; discovery completed by 6/28/02; motion filing ddl set for 7/31/02; settlement conf set for 9:00 a.m. on 1/22/03; final pretrial conference is scheduled for 2/18/03 at 2:30 p.m. before the Hon. Richard A. Enslen in Kalamazoo, MI (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

47

PROOF OF SERVICE by defts Robert Mulvaney and Dan Bolden for deft Bolden's Response to pltfs 6th Request for Documents; and deft Mulvaney's Response to pltfs' 7th Request for Documents upon atty Daniel E. Manville by first class mail on 9/20/01 (erv) (Entered: 10/01/2001)

Sept. 26, 2001

Sept. 26, 2001

48

PROOF OF SERVICE by deft for defts Response to pltfs' 1st Request for Documents to Deft Bolden, Item 11; defts Response to pltfs' 5th Request for Documents to Deft Martin, Item 28; defts' Response to pltfs' 4th Request for Documents to deft Martin, Item 21; defts Response to pltfs' 1st Request for Documents to deft Bolden, Itembs 10b and 10c; and defts' Response to pltfs' First Request for Documents to Deft Mulvaney, Item 1 upon atty Daniel E. Manvill by First Class Mail on 8/23/01 (erv) (Entered: 10/01/2001)

Sept. 26, 2001

Sept. 26, 2001

49

NOTICE of hearing: re: pltf's motion to compel (#11 in case 1:01−cv−515) set for 10/23/01 at 1:30 p.m. (cc: all counsel)(erv) Modified on 10/03/2001 (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

51

PROOF OF SERVICE by deft for deft Bolden's Response to pltf's Second Request for Admission to Dan Bolden and deft Bolden's Response to pltf's Third Request for Admission to Dan Bolden upon atty of record by US Mail on 10/5/01 (erv) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

52

PROOF OF SERVICE by deft for deft Mulvaney's Response to plft's Eight Request for Documents; and deft Mulvaney's Response to pltf's Sixth Set of Interrogatories upon atty of record on 10/9/01 (erv) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

53

MOTION by pltf for leave to file second amended complaint w/brief in support, proposed second amended complaint and certificate of service (erv) (Entered: 10/16/2001)

Oct. 10, 2001

Oct. 10, 2001

50

NOTICE by pltf of withdrawal of ninth motion to compel discovery w/certificate of service (erv) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

54

PROOF OF SERVICE by deft for deft Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/9/01 (erv) (Entered: 10/16/2001)

Oct. 12, 2001

Oct. 12, 2001

55

PROOF OF SERVICE by deft for defendant Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/16/01 (erv) (Entered: 10/19/2001)

Oct. 17, 2001

Oct. 17, 2001

57

OPPOSITION by defts to pltfs' motion for leave to file second amended complaint [53−1] w/prf of svc (erv) (Entered: 10/23/2001)

Oct. 19, 2001

Oct. 19, 2001

58

REPLY by pltfs to defts' opposition to pltfs' motion for leave to file second amended complaint [53−1] (erv) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

60

PROOF OF SERVICE by deft for Supplemental Attachments to Defts' Response to Pltf's Fourth Request for Documents to Deft Bolden, Item 19 upon atty of record by hand delivery on 10/26/01 (erv) (Entered: 11/01/2001)

Oct. 29, 2001

Oct. 29, 2001

59

ORDER (2 pgs) by Magistrate Judge Timothy P. Greeley granting pltfs' motion for leave to file second amended complaint [53−1]; pltfs shall file their second amended complaint w/in 30 days of the date of this order (cc: all counsel) [EOD Date 10/30/01] (erv) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

63

MOTION to intervene by USA w/brief in support and certificate of service (erv) (Entered: 11/05/2001)

Oct. 31, 2001

Oct. 31, 2001

64

ATTORNEY APPEARANCE by movant USA adding attorney(s) Charles R. Gross (erv) (Entered: 11/05/2001)

Oct. 31, 2001

Oct. 31, 2001

61

MOTION by movant Becket Fund for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment w/proposed brief and certificate of service (erv) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

62

EX−PARTE MOTION by pltf to exceed page limitation w/brief in support, proposed brief and certificate of service (erv) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

66

PROOF OF SERVICE by defts for Defendant's Supplemental Response to Plaintiffs' Fourth Request for Documents to Defendant Bolden, Item 20 (erv) (Entered: 11/06/2001)

Nov. 2, 2001

Nov. 2, 2001

65

AMENDED COMPLAINT ( 21 pgs) [1−1] w/certificate of service (erv) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

67

PROOF OF SERVICE by deft for deft Martin's Response to Amended Pltfs' 3rd Request for Admission to deft Martin by via hand delivery on 11/6/01 (erv) (Entered: 11/15/2001)

Nov. 7, 2001

Nov. 7, 2001

68

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : that the Court's Case Scheduling Order is modified in the following respects: defts' qualified brief due 12/14/01; pltfs' response due 1/14/02; defts' rply due 1/31/02 (cc: all counsel) (erv) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

76

MOTION by defts to extend time to file response to pltfs' and US Attorney's office reply until 12/4/01 w/prf svc (erv) (Entered: 11/20/2001)

Nov. 14, 2001

Nov. 14, 2001

83

PROOF OF SERVICE by deft Bill Martin for Response to Pltfs' 8th Request for Documents to deft Martin by US Mail on 11/13/01 (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

Nov. 14, 2001

Nov. 14, 2001

69

MOTION (Ex−Parte) by pltfs to exceed page limitation w/brief in support and proposed oversized brief (erv) (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

70

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to intervene by USA [63−1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

71

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [62−1] (cc: counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

72

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting Becket Fund for Religious Liberty's motion for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment [61−1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

73

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : granting Intervenor USA's enlargement of page limit to file brief in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 (cc: all counsel) (erv) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

77

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting defts' motion to extend time [76−1]; defts shall have until 12/4/01 to file reply (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

Nov. 15, 2001

Nov. 15, 2001

78

OPPOSITION by movant The Becket Fund for Religious Liberty in Opposition to defts' Motion for Partial Summary Judgment w/certificate of service (erv) (Entered: 11/20/2001)

Nov. 15, 2001

Nov. 15, 2001

79

OPPOSITION by pltfs to defts' motion to dismiss (See #13 in 1:01−cv−515) (erv) (Entered: 11/20/2001)

Nov. 15, 2001

Nov. 15, 2001

80

OPPOSITION by intervenor USA to defts' motion for partial summary judgment (See #13 in 1:01−cv−515) and in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 w/exhibits A−F and certificate of service (erv) (Entered: 11/20/2001)

Nov. 15, 2001

Nov. 15, 2001

84

PROOF OF SERVICE by deft Bill Martin for Attachments to Defendant Martin's Response to Plaintiffs' 8th Request for Documents to Defendant Martin via US Mail on 11/14/01 (erv) (Entered: 11/20/2001)

Nov. 15, 2001

Nov. 15, 2001

74

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [69−1] (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

75

MOTION by pltf for partial summary judgment as to confiscation and destruction of Melanic Literature w/brief in support (erv) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

81

WITNESS LIST submitted by pltf w/prf of svc (erv) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

82

MOTION by pltfs to modify and for sanctions w/brief in support, exhibits 1−17 and certificate of service (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

85

MOTION by pltf for leave to file declaration of Plaintiff Michael Jenkins w/brief in support and proposed declaration (erv) (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

86

MOTION by pltf for preliminary injunction w/brief in support, exhibits 1−9 and certificate of service (erv) (Entered: 11/29/2001)

Nov. 28, 2001

Nov. 28, 2001

87

MOTION by pltfs for immediate consideration of motion for preliminary injunction and to expedite briefing schedule w/brief in support and certificate of service (erv) (Entered: 11/29/2001)

Nov. 28, 2001

Nov. 28, 2001

88

CHANGE OF ADDRESS by pltf (erv) (Entered: 12/04/2001)

Nov. 29, 2001

Nov. 29, 2001

89

ANSWER to second amended complaint for declaratory and injunctive relief and for damages by defts; w/affirmative defenses and jury demand and prf of svc (erv) (Entered: 12/04/2001)

Nov. 30, 2001

Nov. 30, 2001

90

RESPONSE by defts to pltfs' motion to modify [82−1] protective orders and for sanctions [82−2] w/exhibit 1 and prf of svc (erv) (Entered: 12/06/2001)

Dec. 3, 2001

Dec. 3, 2001

94

REPLY by defts to pltfs' and the intervenor's response to their motion for partial summary judgment w/prf of svc (erv) (Entered: 12/07/2001)

Dec. 4, 2001

Dec. 4, 2001

91

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion for leave to file declaration of Plaintiff Michael Jenkins [85−1] (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

92

DECLARATION by pltf of Michael Jenkins (erv) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

93

ORDER ( 1 pgs) by Magistrate Judge Timothy P. Greeley that defts are to file a response to pltf's motion to modify protective orders and for sanctions w/in 30 days (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

95

ORDER (2 pgs) by Judge Richard A. Enslen denying pltfs' motion for immediate consideration of their motion for preliminary injunction and to expedite briefing schedule [87−1] (cc: all counsel) [EOD Date 12/12/01] (erv) (Entered: 12/12/2001)

Dec. 7, 2001

Dec. 7, 2001

97

PROOF OF SERVICE by defts for Defendant Martin's Supplemental Response to Plaintiff's First Request for Documents to Defendant Martin upon atty of record by mail on 12/11/01 (erv) (Entered: 12/17/2001)

Dec. 13, 2001

Dec. 13, 2001

98

MOTION (Ex−Parte) by defts to exceed page limitation in brief in support of motion for qualified immunity w/brief in support (erv) (Entered: 12/19/2001)

Dec. 14, 2001

Dec. 14, 2001

99

MOTION (Ex−Parte) by defts to exceed page limitation in Reply Brief in Opposition to pltfs' motion for a preliminary injunction w/brief in support and proposed brief (erv) (Entered: 12/19/2001)

Dec. 14, 2001

Dec. 14, 2001

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 28, 2000

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2005 - 0

Issues

General:

Mail

Religious programs / policies

Discrimination-basis:

Religion discrimination